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HomeMy WebLinkAboutPACKET Town Board Study Session 2024-09-24September 24, 2024 5:30 p.m. – 6:45 p.m. Board Room 5:15 p.m. Dinner ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/FLUL-1105 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). Public comment is not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a majority of the Board. This study session will be streamed live and available at www.estes.org/videos 5:30 p.m. Use of 6E Funds for Tuition Assistance. (Manager Bangs) 6:00 p.m. Noise Ordinance. (Town Administrator Machalek and Town Attorney Kramer) 6:35 p.m. Future Study Session Agenda Items. (Board Discussion) 6:40 p.m. Comments & Questions. 6:45 p.m. Adjourn for Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 5:00 p.m. AGENDA TOWN BOARD STUDY SESSION TOWN ADMINISTRATION Report To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing and Childcare Manager Date: Tuesday, September 24, 2024 RE: Use of 6E Funds for Tuition Assistance Purpose of Study Session Item: Provide direction to staff for the future allocation of 6E funds for tuition assistance programming to support the affordability of childcare. Town Board Direction Requested: Direction on whether to pursue the collaborative expansion, development, and funding of a middle-income tuition assistance program and allocation of 6E funds through an augmented partnership with the Early Childhood Council of Larimer County. Present Situation: Tuition Assistance has been prioritized within the framework of 6E funding and is key to stabilizing and building childcare capacity within the Estes Valley. As outlined in the recently finalized Childcare Needs Assessment and Strategic Plan (page 21), Goal 3 addresses the need to “develop a layered funding model for providers that will cover the full cost of providing care.” Through efficiently layered subsidies and tuition assistance programs, childcare providers will increase revenue by charging tuition closer to the actual cost of care. Strategy 3A outlines this in more detail: To support all families and providers, it is important to maximize resources by efficiently layering the available funding sources. The United States Department of Health and Human Services uses 7% of a household’s income as an affordability benchmark for parent co-payments. It is recommended that the resources get as close to this benchmark as possible. For some families, this may mean they can pay full tuition. For others, one program may cover the necessary amount, and for others, a combination of funding sources will be needed. As the recipient of the Local Financing for Early Childhood Education grant from the Buell Foundation, the Town has a unique opportunity to cost-model and develop a program that fills in the gap of assistance services to meet this strategy, as well as increase the eligibility of assistance programs to serve middle-income working families. The Town Board approved the grant contract with the Buell Foundation in July and the Town has one year to spend the $50,000 award. Based on the direction provided by the Town Board, the Town will proceed with the proposed next steps for that grant to hire a consultant for detailed cost modeling and program development. Proposal: Staff have been working collaboratively with local and regional organizations for the past year to seek ways to leverage and efficiently distribute 6E funds toward tuition assistance programs. The objectives outlined for the future of tuition assistance programs are as follows: •Stabilize the families that currently need tuition assistance and would normally rely upon CCAP •Increase efficiency in the application process and develop a more streamlined process for administering assistance •Increase collaboration and communication with CCAP/LCCF •Decrease administrative costs for local assistance •Pursue the utilization of the existing online platform, Bridgecare, that ECCLC uses to administer the LCCF assistance program For the past two years, EVICS Family Resource Center has been the recipient of 6E funds for tuition assistance programs. EVICS provides an assistance program for low- income households, or households needing emergency assistance or assistance through hardship. Their program is complementary to the Colorado Childcare Assistance Program (CCAP) and the Larimer County Childcare Fund (LCCF). EVICS received $100,000 in 2023 and $150,000 in 2024 to support local families. The increase in funds in 2024 was due to the CCAP funding freeze that began in February 2024. As an established assistance program, local families and childcare providers have had the opportunity to receive stable support through the funding freeze. Staff recommends continued funding to EVICS Family Resource Center to support their existing framework of assistance, . In addition to meeting the first objective through the services provided at EVICS Family Resource Center, our community must address the longer-term needs of residents and those of middle-income working families. The existing Larimer County Childcare Fund (LCCF) was established to serve households with an income greater than what CCAP supports. LCCF is available to Estes Park families but has not had the funding to serve many families in the valley as it is privately funded through United Way of Larimer County. The program, administered by the Early Childhood Council of Larimer County, has the existing and widely used framework needed to meet our local objectives. Through collaboration with ECCLC, the Town can build upon the existing platform and allocate grant funds to increase the eligibility of middle-income working families to receive assistance. Some adjustments within the BridgeCare platform may be needed as we inject new, local funding to better serve the Estes Valley. Any alterations or adjustments to the platform will be funded through grant funds. Overall, the collaboration with ECCLC/LCCF will provide: •Efficient and streamlined application process that coordinates with other county-wide platforms •Alignment with long-term goals and county-wide assistance strategies •Offer existing administrative and technical support Allocating an annual budget of 6E funds to LCCF will provide stable and familiar assistance to Estes Valley households. Advantages: •Pursuing the objectives outlined in the 6E Ballot Initiative and Funding Plan, as well as the Childcare Needs Assessment and Strategic Plan •Additional families receiving assistance will allow childcare providers to increase tuition rates and increase overall revenue Disadvantages: •Administrative costs to ECCLC. However, these costs will be lower than building a stand-alone program or administering a public program through the Town. Finance/Resource Impact: To be determined. Level of Public Interest Moderate. Attachments: 1. Presentation Childcare Tuition Assistance This Photo by Unknown Author is licensed under CC BY-NC Tuition Assistance Allows childcare providers to receive full tuition while parents pay a portion based on their income, called a parent fee. ATTACHMENT 1 Childcare Tuition ..is not equal to the cost of care. Cost of Care: the actual cost to provide care for each child Tuition (price): the amount that is charged to families Tuition Rate per week State of CO Larimer County Estes Valley COST OF CARE Infant $375 $326.58 $275 $490 per week Toddler $315 $319.83 $275-325 $400 per week Preschool $265 $302.50 $260 $330 per week Tuition Rates and Cost of Care Impact on Providers ●Money is lost when providers cannot charge close enough to the actual “cost of care” ●Childcare providers are subsidizing revenue by not charging tuition near the cost of care ●By keeping tuition rates low/affordable for families, they oftentimes need to cut expenditures by paying staff lower wages An Estes Park Family Low-income Working Family ●Family of five ●$4,000 monthly income ●One child in toddler childcare ●$50/day tuition ●Affordable childcare is no more than 7% of a family’s income as defined by US Department of Health and Human Services ●No more than $280 per month Family of 5 making approximately $4,000 per month. One toddler in childcare. Increased Tuition Rates An Estes Park Family Middle-income Working Family ●Family of five ●$10,000 monthly income ●One child in toddler childcare ●$50/day tuition ●A family should pay no more than 10% of their monthly income on childcare ●No more than $1,000 Family of 5 making approximately $10,000 per month. One toddler in childcare. Increase Provider Revenue Increase Tuition Rates Increase Assistance Current Landscape Nearly half of Estes Valley families in the school district are considered “low-income” Majority of families in the Estes Valley work in education, health, or social assistance. Approximately 100 children in middle-income, working families need childcare. 62% of parents with children under 6 are both working 93% of survey respondents who did not have their child enrolled in care, said if it was available at a cost they could afford they would enroll their child. Future Projections 2023 Current Demand Infant & Toddler 22 86 Preschool 118 136 Lacking 64 spots for children under 2. Future Projections 2023 Current Demand 2030 Needs Infant & Toddler 22 86 156 Preschool 118 136 159 Universal Pre-K Colorado Childcare Assistance Program Larimer County Childcare Fund EVICS Childcare Scholarship Public and Private Assistance Programs ...and everything in between. Cost Modeling Priorities ●What is budgeted for each income level to serve current children in childcare? ●Additional children as childcare spots increase? ●What 6E dollars are budgeted for tuition assistance annually? ●What’s the local cost of care? ●What are appropriate tuition rates for the Estes Valley? ●How is this aligned with reimbursement rates for providers? Program Build-out Priorities ●Complementary and braided public and private assistance programs ●Streamlined application process ●High level of sophistication in policy development and data tracking ●Administration costs and staff resources required Staff Recommendation Prioritize the use of the Buell Grant funds to cost model and develop a program under the existing BridgeCare platform in collaboration with ECCLC. Discussion TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: September 24, 2024 RE: Noise Ordinance Purpose of Study Session Item: Gather feedback from the Town Board sufficient to generate a draft of an updated noise ordinance. Town Board Direction Requested: •What decibel limits does the Town Board want to use in the updated noise ordinance? •Should Town-owned events be exempted from the ordinance, or subject to a variance process? •Should a variance process exist outside of the night-work permitting process? •Does the Board want specific decibel-based limitations on waste collection or the use of domestic power tools and/or lawn and garden equipment? •Should there be an escalation of fines for multiple tickets within a one-year period? Present Situation: Over the past year, the Town has received feedback from members of the public expressing concerns with the current noise ordinance. Specific concerns include the lack of a quantitative decibel standard, the ability of the Town Engineer to issue permits for overnight construction work (instead of the Town Board), and the lack of enforcement of the unreasonable noise standard. In response to these concerns, the Town Board asked staff to explore options for making changes to the Town’s existing noise regulations. At the June 11, 2024 Study Session, the Board indicated continued support for a hybrid approach to noise enforcement, utilizing both an unreasonable noise standard and a decibel-based standard. The Board also supported moving the responsibility for approving permits for overnight construction work to the Town Board. There was no consensus at that meeting as to whether the Town’s own events should be subject to the provisions of the new ordinance, or whether they would continue to be exempted under the code. Proposal: The primary area where staff needs Town Board direction is in the setting of new decibel limits. Staff has identified three paths forward for decibel limits: •Use the limits described in State Law (C.R.S. 25-12-103), measured 25 feet from the property line. Zone 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light Industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) •Use the limits from the Town’s last decibel-based ordinance (2016), measured 25 feet from the property line. Zone 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m. Residential 80 db(A) 80 db(A) Commercial 80 db(A) 80 db(A) Light Industrial 80 db(A) 80 db(A) Industrial 80 db(A) 80 db(A) •Articulate different limits based on Town Board judgement (a Decibel Level Comparison Chart from the American Academy of Audiology is attached for reference). In addition to feedback on decibel limits, there are a number of areas where Board feedback would facilitate the efficient drafting of an updated ordinance: •Does the Board want to replace the blanket exception for “Town authorized or sponsored events including, but not limited to, parades, fireworks displays, concerts, and events at Stanley Park, Bond Park, or Performance Park”, with a requirement for annual approval of these exceptions by the Board? •Does the Board want to establish a variance process that would allow the Board to consider exceptions to the noise ordinance? •Does the Board want to establish specific decibel-based limitations on waste collection or the use of domestic power tools and/or lawn and garden equipment? •Does the Board want to establish an escalating fine structure for multiple tickets within a one-year period? •Are there any other new provisions that the Board would like added to the existing noise ordinance? Finance/Resource Impact: Decibel-based enforcement would require an investment in both decimeters and training. Staff estimates that a new type-2 decibel meter costs between $2,000 and $3,000. The main resource impact associated with a decibel-based standard is training enforcement personnel on how to measure sound and testify to it, as well as the time spent enforcing. Based on information from the City and County of Denver, staff would expect at least a week of training on enforcement alone. Level of Public Interest High. Attachments 1. Decibel Level Comparison Chart 2. Presentation ATTACHMENT 1 Noise Ordinance Town Board Study Session 09/24/2024 Agenda Objective Current Direction Open Questions Decibel Limits Other Next Steps 1 2 ATTACHMENT 2 Objective Confirm whether the Board wishes to move forward with an update to the current noise ordinance. If so, gather feedback sufficient to generate a first draft of an updated noise ordinance for the first Study Session in November. Current Direction Hybrid approach (include both decibel and unreasonable noise standards) Night work approvals move from Town Engineer to Town Board 3 4 Open Questions – Decibel Limits Three options State limits Prior Town limits (2016) Other (Town Board direction) Exceptions Existing exceptions in Municipal Code (8.06.040) Any changes? Open Questions – Decibel Limits State Limits (measured 25 feet from the property line) 7:00 p.m. to next 7:00 a.m.7:00 a.m. to next 7:00 pmZone 50 db(A)55 db(A)Residential 55 db(A)60 db(A)Commercial 65 db(A)70 db(A)Light Industrial 75 db(A)80 db(A)Industrial 5 6 Open Questions – Decibel Limits Prior Town Limits (2016) (measured 25 feet from the property line). 7:00 p.m. to next 7:00 a.m.7:00 a.m. to next 7:00 pmZone 80 db(A)80 db(A)Residential 80 db(A)80 db(A)Commercial 80 db(A)80 db(A)Light Industrial 80 db(A)80 db(A)Industrial Open Questions – Decibel Limits Other 7:00 p.m. to next 7:00 a.m.7:00 a.m. to next 7:00 pmZone Residential Commercial Light Industrial Industrial 7 8 Open Questions – Other Town events exempted? Variance process other than night work? Limitations on waste collection? Escalation of fines for multiple tickets within a year? Decibel limitation on domestic power tools and lawn and garden equipment? Other changes desired? Next Steps Staff will draft an updated noise ordinance; Board discuss draft noise ordinance at November 12 Study Session; Final ordinance to Board for consideration on December 10.* *The Board could direct staff to combine the second and third bullet, and bring a draft ordinance forward for consideration on November 12. 9 10 PUBLIC COMMENT RECEIVED ON 9/19/2024  Board of Trustees Public Comment Name: Fred Barber Stance on Item: Neutral Agenda Item Title: General Public Comment. Public Comment: The Town Board has historically justified the lack of routine public comment at Study Sessions based on the claim that no decisions are made at Study Sessions. With that in mind, I would like to draw your attention to the Noise Ordinance item on this week's agenda. Under the topic "Town Board Direction Requested", Administrator Machalek asks for input on five aspects of a proposed new ordinance. I contend that provision of any such input constitutes decision-making by the Board and should not be undertaken without public input, especially on an issue of "high" public interest. Yes, a hearing will be held on whatever ordinance proposal emerges, but by then options will have been limited and Trustee opinions will have been made up. Yes, a citizen can submit an unsolicited comment like this, even for the Board's regular meeting immediately following the Study Session, but by then the Board's direction will have been given and is unlikely to be changed. This is inappropriate. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 9/23/2024  Board of Trustees Public Comment Name: Mark Newman Stance on Item: Neutral Agenda Item Title: General Public Comment. Public Comment: With regards to the study session on "Noise Ordinance" we are hopeful the town will no-longer allow speakers to blast music on the sidewalks of Moraine Ave. We support time restrictions for any exterior music, ideally not allowed before 11AM and ideally not after 10PM creating an enforceable hard stop on loud music in the patios of the many bars on Moraine Ave. As early as 8 or 9 AM when employees of THE BARREL start work and turn on exterior speakers and residents cannot open windows w/o hearing the music echo thru our homes. It is not uncommon for towns to create measurable volume levels for businesses to abide by. Many of these towns are very successful in attracting viable business and tourists. EP residents already have a significant increase in truck noise echoing off the mnt. with the new highway running through W. Riverside. Any support to reduce noise and try to retain some of the character and charm of the downtown area would be appreciated. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. RECEIVED Sr-23ZG;'4 m._.-j:^^_... To Whom It May Concern: A noise ordinance discussion has been set for the Town Board Study Session this coming Tuesday, 9/24 at 5:30 pm. Let's turn out to hear what the Board is considering and might envision in this regard. For this issue, in particular, there is a whole lot of concern for much needed change. There is much to be recognized, sustained, preserved, in this domain. Estes Park lives and rests in a graceful valley nestled along streams and tributaries flowing down from high in the mountains along the Continental Divide west of here. Forested hills, cliffs and gradual mountain slopes, meadows and moraines provide the texture of residual life, which grew here before and will continue long after all visitors have journeyed down-canyon to another home. "Noise," the element of concern coming now before the Trustees, the Mayor and Citizens of the Town of Estes Park, emerges from humanity and our/their stuff. This includes: audible speech, intrusive vehicular emissions, the friction of heavy loads moving on the road bed, over-flight sounds from air traffic, construction machinery in transit and in use, uncontained industrial and domestic operations, audible entertainment, concerts, sporting and recreational events, large gatherings with PA systems, barking dogs and other expressive domestic animals. Such invasive components of intrusive sound arrive in this valley from down the canyon and afar, bringing to mind the misguided system of transit, commerce and delivery by which the oppressive elements of noise arrive here, and in every other corner of the world in the first place. May the people give voice to nature's prerogative to set the standards for our "noise." We humans are guests ourselves. Similar, yet for now nothing like the existential elements of this valley, this land! Let's help make our town proud of its role in addressing this profound dilemma! The rule of law, whether expressed as ethics, faith, personal conviction, municipal code, state or federal statute, is our guide for living in harmony with, as part of, the natural world. Please show up at 5:30 on Tuesday at Town Hall, where a "noise ordinance" will be on the agenda. Who would dream of turning this valley into another Mecca, a car lot or a shopping mall? Is Estes Park fated to become a burgeoning retreat center where the confluence of mass humanity will be acknowledged and accepted as a fait accompli? Are we on the verge of allowing "noise" to be the ubiquitous partner in every phase of our own development? Let's protect this valley, as the truly significant place it is. First by listening to and hearing the sounds of nature, then by acknowledging this to be the voice we are actually here to harmonize with. In peace,a^— fohn Guffey EstesPark,CO 80517 PUBLIC COMMENT RECEIVED ON 9/23/2024 Town Clerk <townclerk@estes.org> Fwd: Noise study session 1 message Kirby Hazelton <khazelton@estes.org>Tue, Sep 24, 2024 at 2:56 PM To: Town Clerk <TownClerk@estes.org> Hi Bunny, Jackie, and Rachel, Could you please forward this to the Town Board to be included with public comment for the study session today? I apologize that it's coming so late from me. Thank you, Kirby Kirby Nelson-Hazelton Town of Estes Park Trustee khazelton@estes.org ---------- Forwarded message --------- From: Reed Woodford <reedwoodford@gmail.com> Date: Mon, Sep 23, 2024 at 8:21 PM Subject: Noise study session To: Kirby Hazelton <khazelton@estes.org> Hey Kirby, I know there’s a study session on noise tomorrow. Wanted to submit my comments to you. Full Throttle and the Barrel have been really loud again this summer. Louder than past years, even if it’s in the hours where it’s allowed. Most nights during the summer we can hear the music that’s playing at Full Throttle in our house with doors and windows closed. It’s been really hard. Especially with the baby, sleep is already rare and the bars down there are making life harder. Even on regular weeknights the Bass coming from the Barrel can be heard in our bedroom, even with a white noise machine going. It’s frustrating because it’s been an issue for years now and it doesn’t seem like there’s any traction. Thanks, Reed PUBLIC COMMENT RECEIVED 2024-09-24 Town Clerk <townclerk@estes.org> Work product 1 message Marie Cenac <mcenac@estes.org>Tue, Sep 24, 2024 at 9:01 AM To: Town Clerk <TownClerk@estes.org> Please past this along to the other trustees, Travis, and Dan Decibel Chart: All You Need to Know May 7, 2024 by Carly Sygrove PUBLIC COMMENT RECEIVED 2024-09-24 October 8, 2024 •Commercial/Residential Insurance Overview October 22, 2024 •Water 102 – System Conditioning •Massage Therapist Licensing •Arborist Licensing November 12, 2024 •Utility Rates for Service Areas Outside of Town •Annexation Overview •Hosted Short-Term Rentals December 10, 2024 •Liquor License Process Items Approved – Unscheduled: •Parking Enforcement Ordinance Updates •Curb and Gutter Philosophy •Stanley Park Master Plan Implementation Items for Town Board Consideration: •Rodeo Update •VEP Dark Skies Initiative •Noise Ordinance Future Town Board Study Session Agenda Items September 24, 2024